Page:Choice of Court Agreements Act 2016.pdf/8

8 :(a) the agreement is to be treated as independent of the other terms of the contract; and
 * (b) the validity of the agreement cannot be challenged solely on the ground that the contract is not valid.

Residence of person other than individual

6. For the purposes of this Act, a person (other than an individual) is resident in a State if—
 * (a) the person has its statutory seat in that State;
 * (b) the person was incorporated or formed under the law of that State;
 * (c) the person has its central administration in that State; or
 * (d) the person has its principal place of business in that State.

Act binds Government

7. This Act binds the Government.

Application of Act

8. Subject to sections 9, 10 and 22, this Act applies in every international case where there is an exclusive choice of court agreement concluded in a civil or commercial matter.

Certain matters excluded from Act

9.—(1) This Act does not apply to an exclusive choice of court agreement if—
 * (a) any party to the agreement is an individual who acts primarily in the capacity of a consumer; or
 * (b) the agreement relates to a contract of employment or collective agreement.

(2) This Act does not apply to any of the following matters:
 * (a) the status and legal capacity of an individual;